Last Modified: August 3, 2022
2. Compliance with the Fair Credit Reporting Act
By agreeing to these terms, you provide your express permission for ASF to obtain your personal credit report(s) for the sole purpose of reviewing your accounts and credit history in association with your application for a ASF sub-merchant account and associated third party ACH Payment Processing and Credit Card Payment Processing Merchant Accounts. ASF will comply with all applicable provisions of the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”) and all other applicable federal, state and local legislation, regulations and rules applicable to credit reporting. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website,
ASF is not a credit reporting agency. ASF and the Service accesses one or more credit reporting agencies and other data collection firms to collect additional information on the Applicant. This information is used in determining approval status, as defined by ASF and its partners. The F.C.R.A allows You to obtain from each credit reporting agency a disclosure of all the information in Your credit file at the time of the request. You will have sole responsibility for requesting this if You so choose. Full disclosure of information in Your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Service are not intended to constitute the disclosure of information by a credit reporting agency as required by the F.C.R.A. or similar laws. Information on what credit bureau Your application was processed through, as well as reasons for acceptance or decline are available from ASF.
3. General Terms
ASF maintains the Service to provide You with the ability to apply for enrollment in certain programs offered by ASF. In applying for said programs, You must submit information about You and Your business. This Agreement shall cover the terms of providing and managing that information. From time to time ASF may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to the use of ASF products and services.
ASF is not a credit bureau, a credit repair organization, or similarly regulated organization under other applicable laws, and does not provide credit or credit repair advice.
In connection with the Service, ASF accesses a number of credit reporting agencies and other types of services to collect data about You and Your business and to determine Your status using rules and definitions established and maintained by ASF. Credit reports, credit
scores and similar results are not made available to You by ASF.
THE SERVICE, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THEREON OR ACCESSED IN CONNECTION THEREWITH, IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER ASF NOR ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THAT AN APPLICANT WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ASF’S CONTENT, PRODUCTS OR SERVICES OR THAT ASF’S CONTENT, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, ASF AND AGENTS, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE PRODUCTS, SERVICES AND CONTENT INCLUDED THEREIN, ARE AT YOUR OWN RISK. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ASF NOR ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE (EVEN IF ASF OR ITS AGENTS, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
4. Registration and Accurate Information; Updates
If You decide to apply for enrollment via the Service, You may be required to register, provide personally identifiable information and create a personal username and password. You agree to
provide accurate information in Your registration and not to share Your password with third parties. You agree not to impersonate another person or to select or use a personal username or password of another person. You agree to notify ASF promptly of any unauthorized use of Your account and of any loss, theft or disclosure of Your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of Your account and Your right to use the Service. ASF shall have sole and final authority regarding the termination of Your account and Your right to use the Service.
If You elect to save Your personally identifiable information and create a personal username and password, You can access and update such information at any time prior to submission by accessing the Service as a returning user. The web address of the site to access Your stored information will be emailed to You after You create Your personal credentials. ASF is not responsible for the accuracy of the information You provide, or for the information it receives from credit bureaus and other services it uses to process applications for the Service. ASF cannot edit applicant data or results. If You believe that some of the information in Your credit report is inaccurate, You must contact ASF.
6. Term and Termination; Modification
This Agreement will take effect at the time You click “I agree to the Simple Sign-Up® Agreement” and shall terminate upon the earlier to occur of (a) when You give written notice to ASF of Your intention to terminate Your use of the Service to the address set forth below, and (b) when ASF terminates Your account.
7. Possible Acquisition
In the event of an acquisition of all or part of ASF by another company, or in the event that ASF were to sell or dispose of all or a part of the business, the acquirer would have access to the information maintained by the ASF business, which could include Your personal information, subject to applicable law.
You must send any notices or other communications regarding the Service to ASF in writing via email at [email protected]. ASF is a Delaware limited liability company based in Englewood, Colorado. Except as otherwise provided, ASF may send any notices to You to the most recent e-mail address You have provided to ASF or, if
You have not provided an e-mail address, to any e-mail or postal address that ASF believes is Your address.
9. Applicable Law
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Colorado, United States, and applicable federal law, without regard to any conflict of law provisions. ASF does not provide credit reports to individuals. Those who choose to use the Service from outside the United States do so on their own initiative and are responsible
for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of ASF’s provision of the Services to You, if submitted to a court of law, shall be submitted to the state and federal courts of Denver County, Denver, Colorado, United States.